You can file your own forms and not usecPD. There are no standardized forms yet. The PD office has prepared a set,
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
You can and probably should use a private attorney. I have had to correct the errors of public defenders in seeking post-conviction relief for certain of my clients. Find an attorney here on Avvo- read the client reviews.
Your chances are better of getting what you want if you are assisted by an attorney. The PD's Office is overwhelmed with these requests, so you might get faster service from a private attorney. Rates should be reasonable especially if you have good records regarding your case.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
Your chances of success are better with an attorney, since the DA has the right to contest the petitions. I have filed a few since the law went into effect, and have been in court when petitions have been heard and argued. Some were granted, some denied, and some were sent by the judge back for further research and argument. Consult with an experienced criminal defense attorney to review what can be done.
You are entitled to handle this motion yourself, and likely if you still qualify economically then the pd will handle this for you. But they are very backlogged on these, as is the court and there is likely a long waiting list. If you attempt to do it yourself you will have to make sure you do it correctly, serve the right parties, and there are many places for you to mess this up.
You should hire an attorney. I have put together a motion for these cases, and likely many attorneys have as well. Its worth getting this felony off of your record.
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